Terms of Use


TL;DR

This isn't a legal substitute for the official terms of use, but we've tried to summarize the important parts here.
Attribution

You should follow the guidelines laid out on our Attribution page.

Rate limits

We've laid out our intended rate limits. If these don't work for you, please get in touch with us rather than figuring out a clever way around then.

Database Usage
  • Do use our API to serve your users rich marine location data
  • Please cache results for up to 24 hours. This gives your users the freshest data and lets you make the most requests within our rate limit quota.
  • You can display our data alongside yours or anyone else's, but it must be properly attributed to us.
  • Please don't recreate our database.
  • You're not allowed to sell our data to anyone.
Beta Access

The Marinas.com API is a Beta product. Please be prepared for us to make changes to interfaces, access patterns, rate limits, etc.

We encourage you to sign up for an API key so that we can email you when we're considering or making changes that would affect your usage.

End user authorization

You may not ask Marinas.com users for their passwords. We will release a Marinas.com OAuth implementation if we decide to support that type of usage.

Formal terms

Last updated: 07/27/17

Marinas.com Data Use Policy

Users of the Marinas.com application programming interface ("API") (as defined below) are required to comply with Marinas.com's General Terms of Service, API License Agreement and the terms and conditions of this Policy.

I. General

  • Your use of the API and Marinas.com Data, including the collection, use, maintenance and disclosure of user data shall comply with all applicable laws, rules and regulations and the terms of this Policy, and any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
  • You must not take any action that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail.
  • You may use the API and Marinas.com Data only if your application: (a) is non-exclusive, (b) is publicly available, (c) does not require a fee or subscription, (d) does not exceed the daily call limits, and (e) is not otherwise commercial in nature. If your application does not meet all of these requirements, you will need to obtain an enterprise license.

II. Authorization

  • You must take commercially reasonable steps, compliant with applicable laws, rules and regulations, to protect all data you collect, obtain or access through the API or that users submit to the Marinas.com service through your application and/or website ("Marinas.com Data") and your authentication key from unauthorized use, disclosure or access.
  • You must not give your authentication key to another party and you take responsibility for any and all use of the API using your authentication key.
  • Marinas.com may revoke your authentication credentials at any time, for any reason or no reason, with or without notice, and without liability to you or any other person.
  • You must notify us immediately in the event of any unauthorized access to Marinas.com Data, your authentication key, and/or your application and/or website.
  • If your application and/or website authenticates Marinas.com service users:
    • You must not include functionality in your application and/or website that requests or collects Marinas.com username or passwords, and you may only permit users to log in via OAuth2.
    • Your application and/or website must provide a link to the Marinas.com service settings page where the user can disconnect your application and/or website from the Marinas.com service.

III. Access/Use

  • You will only request the Marinas.com Data you need to operate your application and/or website and must make no further use of it and delete it when your application and/or website has no such further use for it, including, without limitation, when a user has withdrawn consent.
  • Marinas.com expressly reserves the right to limit the number and/or frequency of API requests in its sole discretion. If Marinas.com reasonably believes that you have attempted to exceed or circumvent the rate limits (including, without limitation, through mass-registering of applications), your ability to use the API may be temporarily or permanently blocked, with or without notice, and without Marinas.com liability to you or any other person.
  • If your application and/or website requires or permits the transfer of user information outside of the user's home country (including transfers to Marinas.com's servers, which are in the U.S.), you must ensure that such transfer complies with applicable laws.
  • If your application and/or website collects, obtains or accesses any information about Marinas.com service users or submits any user information to Marinas.com, whether acting as a user of your application and/or website or indirectly:
    • You must prominently notify and obtain affirmative consent from the user before his or her location data is collected or used by your application and/or website. The notification must clearly disclose that both you and Marinas.com collect and use the user's location data;
    • You must respect a user's Marinas.com user settings.
    • You must obtain affirmative consent from the user who provided the data before using it for any purpose other than displaying it back to that user on your application and/or website.
    • You must obtain affirmative consent from a user before you post any information on their behalf on your application and/or website, the Marinas.com service or through any third party service (including but not limited to Twitter or Facebook).
    • If a user authorizes your application and/or website to access the Marinas.com service, you may use such user's Marinas.com service friends' data only in the context of the user's experience with your application and/or website. You may not use a user's friends' information outside of your application and/or website, even if a user consents to such use. No other use or retention of friend information is permitted.
    • Your application and/or website may not falsify the location of a user when communicating with Marinas.com.
    • You may not publicly display any personal information of a user (e.g., name or profile photos) in any advertisement or promotions without Marinas.com's prior written consent.
  • If you receive any de-identified Marinas.com Data, you will not use the Marinas.com Data in combination with any other content, documentation, code, data and related materials made available through any other Marinas.com product, service or application programming interface, or any product, service or application of any third party, to deanonymize, or attempt to deanonymize by any manner or means, any Marinas.com Data or to otherwise identify any individual.
  • If you use any Marinas.com location information, you must comply with our location database platform usage rules
  • If your application is using the Marinas.com API to build an integration that is similar to the essential user experience of Marinas.com by providing services around local discovery, search, or recommendations, you may be subject to additional terms.
  • Access to the API is currently provided for free, but Marinas.com reserves the right to charge for access to the API in the future, at its sole discretion. If we do charge a fee for using the API or any feature thereof, you do not have any obligation to continue to use the API or the applicable feature.

IV. Retention

  • Your application and/or website must offer a simple means for users to disable your application and/or website, upon which disabling, you shall permanently delete all data of such user.
  • You may cache data you receive through use of the API in order to improve your application's and/or website's user experience, but you should try to keep the data up to date and must delete all old data. This permission does not give you any rights to cached data. For clarity, and without limitation,
    • You may not cache or store any Marinas.com places or related information for more than 30 days without refreshing.
    • You may not cache any data for any person that has not authorized your application and/or website (e.g., friends of users of your application) for more than 3 hours.
    • In no event may you cache any data for more than 30 days.
  • If you stop using the API or we disable your application and/or website, you must delete all Marinas.com Data.
  • You must delete all data concerning a user that you receive from the API if the user asks you to do so, and you must provide a simple and easily accessible mechanism for users to make such a request. We may require you to delete data you receive from the API if you violate our terms. In the event that we do, we will have no liability to you or any other person.

V. No Transfer

  • You will not directly or indirectly transfer any Marinas.com Data, including user data or Marinas.com user IDs, to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising or monetization related toolset, even if a user consents to such transfer or use. By "indirectly," we mean you cannot, for example, transfer data to a third party who then transfers the data to an ad network. By "any Marinas.com Data," we mean all data obtained through use of the API, including aggregate, anonymous or derivative data.
  • You will not sell, rent, or transfer any Marinas.com Data. If you are acquired by or merge with a third party, you may continue to use user data within your application and/or website, but you may not transfer data outside your application and/or website.

VI. Privacy Policy

  • If you collect, use, store or disclose any Marinas.com Data:
    • You must provide a privacy policy to users of your application and/or website that clearly discloses how you collect, use, store and disclose user data, including that:
      • you receive and use Marinas.com service user data, including a description of the categories of user data received and how you use and disclose it;
      • you share user data with Marinas.com, for use by Marinas.com for its own purposes; and
      • the user may read the Marinas.com privacy policy
    • You must clearly and conspicuously present your privacy policy to each user at the point of application and/or download, installation, authorization or first-run, and you must also make the policy available from the application user interface or from the home page of your website.
    • Your application and/or website must not collect personally identifiable information of any user unless it first informs the user about the types of information being collected and how that information may be used and then obtains the user's express permission for those uses.

VII. Attribution/Trademarks

  • In connection with your use of the API and Marinas.com Data you must comply with our Attribution and Linking Policy. Additionally, you are required to display all attribution information and any proprietary notices associated with the Marinas.com Data that you collect, obtain or access through the API, including without limitation data from third party data providers.
  • Your application and/or website must not:
    • Use business names and/or logos in a manner that can mislead, confuse or deceive users (e.g., do not copy the look and feel of the Marinas.com service);
    • Confuse or mislead users about the source or purpose of your application and/or website;
    • Impersonate or facilitate impersonation of others in a manner that can mislead, confuse or deceive users.
  • You must not express or imply any affiliation or relationship with or endorsement by us.
  • If your application and/or website displays any Marinas.com logos or trademarks, you must prominently include the following statement: "All of the Marinas.com®logos (including all badges) and trademarks displayed on this [application/service] are the property of Marinas.com."
  • You must read and comply with the Marinas.com Trademark and Brand Feature Guidelines.

VIII. Permissions/Feedback

  • By incorporating the API into your website or service, you agree that Marinas.com may collect and use information from you and your users as described in our Privacy Policy. You also agree that Marinas.com may use automated methods to analyze your website or service where the API and/or Marinas.com Materials have been incorporated. Any information you or your users submit, upload, post, create, or add to the Marinas.com services through your use of the API (including, without limitation, the use by users of your service and/or website) shall be deemed a User Submission (as defined in the Terms of Use).
  • Marinas.com shall have the right to use, reproduce, transfer, sublicense and otherwise exploit perpetually any place, latitude and longitude, or other location information that you or your users submit, upload, post, create or add to the Marinas.com services through your use of the API (including, without limitation, the use by users of your application and/or website).
  • If you choose to submit comments, ideas or feedback, you agree that Marinas.com is free to use them without any restriction or compensation to you. By accepting your submission, Marinas.com doesn't waive any rights to use similar or related feedback previously known to Marinas.com, or developed by its employees, or obtained from sources other than you.

Last updated: 07/27/17

MARINAS.COM API AND DATA LICENSE AGREEMENT

This API and Data License Agreement ("Agreement”) applies to your access to, and use of, the content, documentation, code, data and related materials made available by Marinas.com (“Marinas.com”) to you (collectively, the “Content”), including through the use of the Marinas.com application programming interface (the “API”, together with Content, “Marinas.com Materials”). By using any Marinas.com Materials you agree to this Agreement.

1. WHO CAN USE MARINAS.COM MATERIALS - When you use the Marinas.com Materials, you agree to form a binding contract with Marinas.com, and follow this Agreement, the Marinas.com Platform Policy and all applicable laws. If you’re using the Marinas.com Materials on behalf of a company, organization, or other entity, then you and that entity (collectively “Licensee”), represent and warrant that you’re authorized to grant all permissions and licenses provided in these terms and bind the entity to these terms, and that you agree to these terms on the entity’s behalf. Some of the Marinas.com Materials may be code that you incorporate into Licensee’s applications, products and services (“Licensee Service”) that enable functionality. You agree that we may automatically update those Marinas.com Materials, and this Agreement will apply to such updates.

2. LICENSE REQUIREMENTS (NON-ENTERPRISE LICENSE) - Marinas.com offers you access to the Marinas.com Materials for free provided that your application: (a) is non-exclusive, (b) is publicly available, (c) does not require a fee or subscription, (d) does not exceed the daily call limits, and (e) is not otherwise commercial in nature. If your application does not meet all of these requirements, you will need to obtain an enterprise license.

3. GRANT OF LICENSE - Subject to Licensee’s full compliance with all of the terms and conditions of this Agreement and the Platform Policy, Marinas.com grants Licensee a non-exclusive, revocable, nonsublicensable, nontransferable license to download and use the Marinas.com Materials to (i) develop, implement and integrate with the Licensee Service and (ii) use, reproduce, distribute, transmit, display and perform the Marinas.com Materials as part of the Licensee Service. Licensee may not install or use the Marinas.com Materials for any other purpose without Marinas.com's prior written consent. Licensee shall not use the Marinas.com Materials in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email ("spam"), multi-level marketing proposals, hate materials, hacking/surveillance/interception/descrambling equipment, libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, gambling, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, weapons and accessories, automatic or autonomous control of vehicles, aircraft or other mechanical devices, dispatch or fleet management, or emergency or life-saving purposes. For Licensee Services that provide real-time route guidance, Licensee must have an end user license agreement that includes the following notice: YOUR USE OF THIS APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

4. PROPRIETARY RIGHTS - As between Marinas.com and Licensee, the Marinas.com Materials, including any and all Content made available, collected and/or derived through the API (including, without limitation, user data received from the API or submitted to the API), and all intellectual property rights in and to all of the foregoing, are and shall at all times remain the sole and exclusive property of Marinas.com and are protected by applicable intellectual property laws and treaties.

5. OTHER RESTRICTIONS - Except as expressly and unambiguously authorized under this Agreement, Licensee may not (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify or alter any part of the Marinas.com Materials; (ii) otherwise use the Marinas.com Materials on behalf of any third party; or (iii) design or permit the Licensee Service to disable, override or otherwise interfere with any Marinas.com-implemented communications to end users, consent panels, user settings, alerts, warnings or the like, including but not limited to those intended to notify the end user that his or her user data or location data is being collected or used, or intended to obtain consent for such collection or use. Marinas.com expressly reserves the right to limit the number and/or frequency of API requests in its sole discretion.

6. MODIFICATIONS TO THIS AGREEMENT. Marinas.com reserves the right, in its sole discretion to modify this Agreement and/or the Marinas.com Platform Policy at any time by posting a notice to developer.foursquare.com. You shall be responsible for reviewing and becoming familiar with any such modification. Such modifications are effective upon first posting or notification and use of the Marinas.com Materials by Licensee following any such notification constitutes Licensee's acceptance of the terms and conditions of this Agreement as modified.

7. WARRANTY DISCLAIMER - THE MARINAS.COM MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, MARINAS.COM AND ITS VENDORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE MARINAS.COM MATERIALS, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, MARINAS.COM DISCLAIMS ANY WARRANTY THAT LICENSEE'S USE OF THE MARINAS.COM MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE.

8. SUPPORT AND UPGRADES - This Agreement does not entitle Licensee to any support for the Marinas.com Materials, unless Licensee makes separate arrangements with Marinas.com and pays all fees associated with such support. Any such support provided by Marinas.com shall be subject to the terms of this Agreement as modified by the associated support agreement.

9. LIABILITY LIMITATION - REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL MARINAS.COM OR ITS VENDORS, BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE MARINAS.COM MATERIALS OR (B) ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF FIVE HUNDRED DOLLARS ($500.00), EVEN IF MARINAS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, MARINAS.COM DISCLAIMS ALL LIABILITY OF ANY KIND OF MARINAS.COM'S VENDORS.

10. INDEMNITY - Licensee agrees that Marinas.com shall have no liability whatsoever for any use Licensee makes of the Marinas.com Materials. Licensee shall indemnify and hold harmless Marinas.com from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from Licensee's use of the Marinas.com Materials.

11. TERM AND TERMINATION - This Agreement shall continue until terminated as set forth in this Section. Either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the license granted hereunder. Upon termination of this Agreement for any reason, Licensee shall cease using, destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Marinas.com Materials (including all user data), and shall so certify to Marinas.com that such actions have occurred. Marinas.com shall have the right to inspect and audit Licensee's facilities to confirm the foregoing. Sections 8 through 13 and all accrued rights to payment shall survive termination of this Agreement.

12. GOVERNMENT USE - If Licensee is part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Marinas.com Materials are restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Marinas.com Materials are a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the Marinas.com Materials by the Government shall be governed solely by the terms of this Agreement.

13. EXPORT CONTROLS - Licensee shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and Licensee shall not export, or allow the export or re-export of the Marinas.com Materials in violation of any such restrictions, laws or regulations. By downloading or using the Marinas.com Materials, Licensee agrees to the foregoing and represents and warrants that Licensee is not located in, under the control of, or a national or resident of any restricted country.

14. MISCELLANEOUS - Unless the parties have entered into a written amendment to this agreement that is signed by both parties regarding the Marinas.com Materials, this Agreement and the Marinas.com Platform Policy constitute the entire agreement between Licensee and Marinas.com pertaining to the subject matter hereof, and supersedes any and all written or oral agreements with respect to such subject matter. This Agreement, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under New York law as such law applies to agreements between New York residents entered into and to be performed within New York by two residents thereof and without reference to its conflict of laws principles or the United Nations Conventions for the International Sale of Goods. Except to the extent otherwise determined by Marinas.com, any action or proceeding arising from or relating to this Agreement must be brought in a federal court in the Southern District of New York or in state court in New York County, New York, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. The prevailing party in any action arising out of this Agreement shall be entitled to an award of its costs and attorneys' fees. This Agreement may be amended only by a writing executed by Marinas.com. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Marinas.com to act with respect to a breach of this Agreement by Licensee or others does not constitute a waiver and shall not limit Marinas.com's rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensee and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving Licensee) without Marinas.com's prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. Marinas.com expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder.